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  • U.S. Supreme Court

    Man–Woman Marriage in the District of Columbia: The Debate Is Not Over

    The U.S. Supreme Court has decided not to hear an appeal of a lower court ruling that has had the effect of blocking an initiative or referendum vote on same-sex marriage in the District of Columbia. The high court’s action brings to an end this judicial phase of the effort … More

    The “Original" Fight of the Century

    Twenty five years ago, President Reagan’s Attorney General Ed Meese sparked a national debate about the meaning of the Constitution that set the stage for the revival of constitutionalism in this country. On July 9, 1985, speaking before the American Bar Association, Meese issued a stinging critique of the Supreme … More

    School Choice in the Supreme Court: Does All Your Money Belong to the Government?

    Tuesday’s election results aren’t the only outcomes this week likely to impact the future of school choice across the country. Yesterday, the Supreme Court heard oral arguments in the case of Arizona Christian School Tuition Organization v. Winn to determine whether the Grand Canyon State’s scholarship tax credit program violates … More

    Anna Nicole Smith Returns to the Supreme Court

    Today is “first Monday,” the beginning of the Supreme Court’s 2010 term. With the beginning of the term comes a flurry of cases added to the docket for the year. These additions form a significant portion of the select few cases that the Court chooses to hear during the course … More

    A Firefighter Finally Gets What He Deserves

    It’s an unfortunate truth about Washington: Those who decide the great issues of the day seldom see the practical results of their legislative or judicial handiwork. Court decisions almost always involve lofty discussions of constitutional rights, legal theory, and precedent. So it was last year when the Supreme Court upheld … More

    Alan Gura and Robert McNamara on McDonald and More

    Last week in McDonald vs the City of Chicago, the US Supreme Court held that the right of an individual to possess firearms is protected by the Second Amendment to the United States Constitution, is incorporated by the Due Process Clause of the Fourteenth Amendment, and therefore applies to the … More

    Even Kagan’s Witness Admits Liberals Unfairly Criticized The Ledbetter Decision

    In last week’s hearings to determine whether former Harvard Law School dean Elena Kagan should be a justice of the U.S. Supreme Court, a number of liberal Senators criticized the Supreme Court’s 2007 decision in Ledbetter v. Goodyear Tire & Rubber Co. as the work of “conservative activists.” In Ledbetter, … More

    Justice Scalia Could Help Senator Feinstein Understand the Clean Water Act

    In her questioning of Elena Kagan yesterday, Sen. Dianne Feinstein (D-CA) asked about the degree to which courts should defer to agency constructions of statutes, pointing to a 2006 Supreme Court decision regarding the Clean Water Act (CWA) that left intermittent seasonal streams unprotected. Kagan told Senator Feinstein she did … More

    McDonald v. Chicago: An Exclusive Interview

    After helping to strike down the Chicago handgun ban, the winners in today’s Supreme Court decision promised, in an exclusive interview with the Heritage Foundation, that more such cases would be coming in the next few weeks. Alan Gura, lead attorney for the plaintiffs, promised, “There will be future cases, … More

    Sessions' Opening Statement on Elena Kagan

    As the confirmation hearings of Elena Kagan got underway at 12:30, the ranking member of the Senate Judiciary Committee, Jeff Sessions (R-AL), lost no time getting to the heart of the concerns that are raised by Elena Kagan’s nomination by President Obama to the Supreme Court: Ms. Kagan has less … More